Coleman won't rule out federal appeal

Former Sen. Norm Coleman is still considering taking his election lawsuit to federal court if he’s unsuccessful in reversing Al Franken’s 225-vote lead in the Minnesota Senate recount.

Speaking to reporters at the Capitol before a weekly Republican lunch meeting, Coleman said Tuesday he’s not anticipating the case going to the U.S. Supreme Court, but he signaled that the recount trial may be far from over. A three-judge state court could rule any day on the Coleman-Franken case, but the panel has been deliberating for more than a week.

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“I’m not anticipating, you know, at this point being across the street,” he said, referring to the Supreme Court. “For certain, I want to make sure that equal justice under law is applied. We’ll see how that plays out in Minnesota.”

But Coleman is hedging his bets in case his lawyers want to make a case before a federal appeals court.

“I’m not ruling out anything,” Coleman said. “I think Minnesotans deserve to know each and every vote was counted fairly — that there’s a uniform standard. If that can be done at a trial level, that’s great. If it takes an appellate level to do that, then, you know, we have to look at that. But I’m not looking forward. I’m looking at where we’re at today, and right now, today, we’re waiting.”

Coleman’s basic argument in the recount case is that a slew of absentee votes have not been counted and other ballots were double counted. Some of the court’s early rulings during the seven-week trial have led many legal experts to believe that Coleman’s chances of winning at the trial level are slim.

After the lunch with Coleman, Sen. John Cornyn, head of the National Republican Senatorial Committee, said he would expect the court challenge to go on for a while — potentially years.

“I know it seems it’s gone on for a long time already, but this could go on for a long time,” Cornyn said. “Appeals take months, if not years, sometimes.”

If he loses the first round, Coleman may appeal to the state Supreme Court. And his attorneys have been making arguments that the Bush v. Gore Supreme Court ruling applies to the case, saying that the different methods Minnesota counties used for counting absentee ballots violated the Constitution’s equal protection clause.

Coleman has been getting encouragement from top Republicans in Washington to take his case through the federal appeals process, saying a long fight is worth it if it keeps Franken from becoming the 59th Senate Democrat, which would give President Barack Obama a huge advantage over the next two years.

Democrats say Coleman has been engaging in dilatory tactics to keep his contest alive even though he has little chance of winning.

Both Coleman and Franken were given a reprieve by a Federal Election Commission ruling this week that will allow them to raise more money from supporters who maxed out on contributions, to help pay legal bills.

On Tuesday, Coleman called the ruling helpful because “these recounts are terribly expensive.”